The Gazetteers Department

Organisation.-The Director of Prohibition and Excise is the head of the Prohibition and Excise department and is responsible for the administration of excise and prohibition laws in the whole State. His office, therefore, forms a central organisation for directing proper implementation of the policy of the department and for guiding Collectors and District Prohibition and Excise Officers in the State.

The Prohibition and Excise department administers Acts and Rules and Regulations and Orders made thereunder, viz., Bombay Prohibition Act, 1949; Bombay Opium Smoking Act, 1936; Bombay Drugs (Control) Act, 1959; Medicinal and Toilet Preparations (Excise Duties) Act, 1955; Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955; and Dangerous Drugs Act, 1930.

The subjects dealt with by the above Acts are briefly as under:-

(i) The Bombay Prohibition Act, 1949,-prohibits production, manufacture, possession, exportation, importation, transportation, purchase, sale, consumption and use of all intoxicants. However, these transactions can be permitted by rules, regulations or orders. The Act also regulates the possession, sale, etc., of mohwa flowers and molasses,

(ii) The Bombay Opium Smoking Act, 1936,-prohibits the smoking of opium,

(iii) The Bombay Drugs (Control) Act, 1959,-regulates the possession and sale of certain drugs which are used in a manner injurious to health and which are specified by Government in the Maharashtra Government Gazette as " Notified Drugs".

(iv) The Medicinal and Toilet Preparations (Excise Duties) Act, 1955,-provides for the levy and collection of duty on medicinal and toilet preparations containing alcohol, opium, Indian hemp or other narcotic drug or narcotics.

(v) The Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955,-regulates, in the public interest, the movement on an inter-State basis of certain spirituous medicinal and other preparations,

(vi) The Dangerous Drugs Act, 1930,-prohibits the manufacture, exportation, importation, sale, possession and transportation of manufactured drugs like cocaine, morphine, heroin, pethidine, etc., except in accordance with rules made in that behalf.

The control in all excise matters is vested in the Director of Prohibition and Excise. He is also responsible for the general supervision of prohibition propaganda work carried on by departmental officers. The Collectors have certain functions under the aforesaid Acts such as issue of licences, permits, etc., and they are, in respect of such functions, subordinate to the Director of Prohibition and Excise.

Buldhana district is at present under the charge of Superintendent of Prohibition and Excise who assists the Collector in all excise and prohibition matters. Under the Superintendent there are two Sub-Inspectors of Prohibition and Excise for executive work at Chikhli and Khamgaon. Sub-Inspectors of prohibition and excise have been vested with certain powers under the Bombay Prohibition Act, Dangerous Drugs Act and the Bombay Opium Smoking Act. There is also a Prohibition Propaganda Officer in Buldhana district who carries out prohibition propaganda throughout the district under the guidance of the Superintendent of Prohibition and Excise, Buldhana, and the Divisional Honorary Prohibition Organiser, Nagpur Division.

Enforcement Work.-The enforcement of prohibition, i.e., detection, investigation, etc., of offences under the above Acts is entrusted to the Police department. Besides the administration of the Acts mentioned above, the department plans and arranges prohibition propaganda. Social workers of repute are appointed at regional levels as Divisional Honorary Prohibition Organisers and they attend to the work of prohibition propaganda by addressing meetings and impressing upon the masses the evil effects of intoxicants. They also work for enlisting the co-operation of Social workers and institutions for prohibition propaganda. At the district level prohibition propaganda officers carry on intensive prohibition propaganda.

The main functions of this department are confined to licensing, inspection of licences and the enforcement of various controls enacted under the Acts referred to above, particularly under the Bombay Prohibition Act. The officers of the department have also to do propaganda on total prohibition and the various advantages derived therefrom amongst the people in the State and to supervise and organise recreation centres in their charges and to co-operate with the Police department in their duties of prevention and detection of prohibition crimes. The excise staff is responsible for the supervision of bonded manufactories, warehouses, neera centres and management of Government drugs sale depots and inspection of various excise licences. They are also required to associate themselves in increasing measure with the ameliorative and social side of the prohibition campaign, and to tighten loop-holes when such are noticed. Briefly, they are responsible for control, propaganda and ameliorative work, and the work now is of a liaison and supervisory type and also educational. Though, officers of the Prohibition and Excise department of and above the rank of Sub-Inspector have been vested with powers to investigate offences, these officers generally pass on information of the commission of offences and hand over the cases, if any, detected by them to the Police for investigation. The Home Guards Organisation also assists the Police in this work. Under section 134 of the Prohibition Act, 1949, village officers or servants useful to Government and officers and servants of local authorities are bound to give information to the Police of breaches of provisions of the Act which come to their knowledge and also prevent the commission of breaches of the provisions of the Act about which they may have knowledge. Under section 133, officers and servants of local authorities are also bound to assist any Police officer or person authorised to carry out provisions of the Act. Under section 135, occupiers of lands and buildings, landlords of estates, owners of vehicles, etc., are bound to give notice of any illicit tapping of trees or manufacture or transport of liquor or intoxicating drug to a Magistrate, Prohibition officer or Police officer as soon as it comes to their knowledge.

All revenue officers of and above the rank of Mamlatdar or Mahalkari, all Magistrates and all officers of the Department of Prohibition and Excise of and above the rank of Sub-Inspector have been authorised under section 123, of the Prohibition Act, within the limits of their respective jurisdiction, to arrest without a warrant any person whom they have reason to believe to be guilty of an offence under the Act, and to seize and detain any articles of contraband. The officer so authorised, when he arrests any person or seizes and detains any articles, has to forward such person or articles without unnecessary delay to the officer-in-charge of the nearest Police station.

Kinds of Permits. [ In 1972 the Government liberalised the prohibition policy with the result that any person above 21 years can purchase any quantity of liquor or wine.] — Various permits are granted for possession, use, etc., of foreign liquor. They are as follows: -

Emergency Permit: An emergency permit is granted for the use and consumption of brandy, rum or champagne to any person for his/her own use or consumption or to any head of a household for the use of his/her household for medicinal use on emergent occasion. The permit is granted for a yearly period up to 31st March and for a quantity not exceeding 4 drams, i.e., 13¹/3 fluid ounces of brandy or rum or 8 drams, i.e., 26 ²/3 fluid ounces of champagne for three months. A permit is not granted to more than one member of a household at any one time. The term " household " is defined as a group of persons residing and messing jointly as members of one domestic unit.

Health Permit: The health permit is granted for the use or consumption of foreign liquor to any person who requires such liquor for the preservation or maintenance of his health. Persons over 40 years of age are granted health permits for the quantity as recommended by a Registered Medical Practitioner but not exceeding four units per month for a period not exceeding 24 months and persons between the age group of 30 and 40 are granted three units per month for 24 months on production of a certificate from a Registered Medical Practitioner and persons below 30 are granted 2 units per month for a period not exceeding 12 months on recommendation of an Area Medical Board. Persons under 30 years of age should apply through the Area Medical Board or the Civil Surgeon of the district concerned for the grant of a health permit.

Temporary Resident's Permit: A temporary resident's permit is issued to persons born and brought up or domiciled in a country outside India where liquor is usually consumed. No permit is granted for a period exceeding 24 months from the date of its commencement. The permit is granted for such monthly maximum quantity not exceeding six units.

Visitor's Permit : Any person visiting the State of Maharashtra for a period of one week is granted this permit and it can be extended for not more than a week at a time and for a total period not exceeding in the aggregate one month.

Special permit for privileged persons: This permit is granted to a Sovereign or Head of a Foreign State, a representative or officer of any international organisation to which privileges and immunities are given under the United Nations (Privileges and Immunities) Act, 1947, and to consular officers and members of the staff appointed by or serving under them, provided that such members are nationals of a foreign State. It is also granted to the consort and relatives of the above persons. This permit is granted free of cost and valid up to 31st March of the following year.

Interim Permit: Any person who is eligible for a temporary resident's permit, health permit or special permit for privileged personages and desires to possess, use or consume foreign liquor pending grant of any of the regular permits mentioned above is granted an interim permit.

Tourist's Permit : A foreign tourist holding a tourist's introduction card or tourist visa visiting the State of Maharashtra is granted free a tourist's permit for a period of his stay in the State but for a period not exceeding one month. An all India tourist's permit is granted for a period of three months by visa issuing officers of Indian Mission Overseas, the Director and Assistant Director, Tourist Officer, Government of India, at Bombay, Delhi and Madras.

Mild Liquor: 'Mild liquor', i.e., fermented liquor containing not more than 5% alcohol by volume, is allowed to be purchased, possessed, transported and consumed at their residence by persons over 21 years of age without any permit, pass or authorisation. Such mild liquor is allowed to be sold by retail by holders of foreign liquor vendor licences granted under the Bombay Foreign Liquor Rules, 1953.

Toddy: The possession, use, etc., of toddy is completely prohibited in the district of Buldhana.

Denatured Spirit: The possession and use of denatured spirit is prohibited except under permit or licence. A permit for possession and use of denatured spirit for domestic purpose is normally granted for a quality not exceeding one quart bottle per month, provided that the officer granting the permit may for any special reasons grant the permit for any quantity not exceeding three quart bottles per month. Provided further that, with the previous sanction of the Collector a permit may be granted for a quantity exceeding three quart bottles per month.

The possession and use of denatured spirit for medicinal, scientific and educational purposes and for purpose of art, industry or profession is regulated by the system of licences prescribed in this behalf. Industrial denatured spirit required for use in any industry, etc., is allowed to be possessed on licences issued under the Bombay Denatured Spirit Rules, 1959.

Country Liquor and Wine: Authorisations for use of country liquor and wine for sacramental purposes only are granted to priests of certain communities, viz., Parsees, Jews and Christians. The possession, use, etc.. of country liquor except for sacramental purposes is prohibited.

Ganja and Bhang and Opium: A permit for personal consumption of opium, ganja and bhang is granted only on production of a medical certificate from the Medical Board constituted by Government or Medical Officer appointed for the purpose.

Neera and Palm Products Scheme: Neera sale licences as well as licences for manufacturing gur from neera are granted only to-(1) co-operative societies organised by constructive social workers, (2) other similar organised institutions such as Gandhi Smarak Nidhi, ashrams, organisations incharge of intensive area schemes, sarvodaya centres, etc., on the recommendation of the Khadi and Village Industries Board for the State of Maharashtra. No neera licences to individuals are granted.

Sanskar Kendras: In order to provide facilities for recreational purposes and as counter-attraction for the purpose of weaning the addicts from the drink and drug habit, sanskar kendra or recreation centres are established. They are run either departmentally or by the local social workers or social institutions interested in prohibition work. At the sanskar kendras, newspapers, magazines and facilities for in-door and out-door games are provided and programmes like bhajans, kirtans, music, folk songs, dramas, etc., in which people of the locality are interested, are arranged. Government grants subsidy to the sanskar kendras run by institutions. In Buldhana district there are three departmental sanskar kendras at-(1) Dongaon, (2) Shegaon and (3) Asalgaon.

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